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    JosephC's Avatar
    JosephC Posts: 2, Reputation: 1
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    #1

    Nov 21, 2007, 09:33 AM
    Date for filing First Year Choice tax returns
    Hi,

    I am working on a L1 visa here arrived here in July 07. My wife and kid are currently back in India and would be joining me here only by mid-may 2008. For the year 2007, if I file returns jointly with my wife I would be able to claim both of them as dependents. However, by what date would I be allowed to file the First Year Choice tax returns since she is due to be here only my mid-may and the last date for filing taxes is April 15th 2008.

    Do I have to fill in any form asking for an extension of the tax return filing date?

    Again, my wife is a housewife back in India so there is no income from her side, so apart from my US income is there anything else that comes under the scope of 'world-wide income'.

    Also, can I apply for the ITIN for them after they arrive here in May 2008 and use that number for filing the 2007 tax returns or can I file for their ITIN now? If yes, what documents do I need now for filing for the ITIN.

    Regards,

    Joseph
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Nov 22, 2007, 10:19 AM
    The 15 April 08 deadline is a real artificial deadline. If you owe taxes, you can file an extension with a payment to extend the deadline to 15 Oct 08, but the ACTUAL deadline to file an claim your refund is 15 April 2011.

    The extension form is Form 4868.

    Under First Year Choice, the EARLIEST you could file is mid-May 2008 anyway, so file the extension, wait for your wife, then file once she gets here.
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